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Public Hearing Transcripts - Rift Valley - Kericho - RTJRC19.09 (Kericho Teachers' Training College)

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Public Hearing Transcripts - Rift Valley - Kericho - RTJRC19.09 (Kericho Teachers' Training College) Seattle University School of Law Seattle University School of Law Digital Commons The Truth, Justice and Reconciliation I. Core TJRC Related Documents Commission of Kenya 9-19-2011 Public Hearing Transcripts - Rift Valley - Kericho - RTJRC19.09 (Kericho Teachers' Training College) Truth, Justice, and Reconciliation Commission Follow this and additional works at: https://digitalcommons.law.seattleu.edu/tjrc-core Recommended Citation Truth, Justice, and Reconciliation Commission, "Public Hearing Transcripts - Rift Valley - Kericho - RTJRC19.09 (Kericho Teachers' Training College)" (2011). I. Core TJRC Related Documents. 97. https://digitalcommons.law.seattleu.edu/tjrc-core/97 This Report is brought to you for free and open access by the The Truth, Justice and Reconciliation Commission of Kenya at Seattle University School of Law Digital Commons. It has been accepted for inclusion in I. Core TJRC Related Documents by an authorized administrator of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. ORAL SUBMISSIONS MADE TO THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION ON MONDAY 19 TH SEPTEMBER, 2011, AT KERICHO TEACHERS’ TRAINING COLLEGE HALL PRESENT Tom Ojienda - The Presiding Chair, Kenya Tecla Namachanja Wanjala - The Acting Chair, Kenya Gertrude Chawatama - Commissioner, Zambia Berhanu Dinka - Commissioner, Ethiopia Ahmed S. Farah - Commissioner, Kenya SECRETARIAT Mr. Tom Chavangi Aziz - Leader of Evidence Mr. Simon Njenga - Hearing Clerk IN ATTENDANCE Mr. Tororei - Commissioner, KNCHR Mr. Lawrence Bomet - Commissioner, NCIC Mr. Bernard Barmalai - Regional Commissioner, West Pokot Rev. John Koskei - Witness Mr. Joseph Cheruiyot - Witness (Opening Prayer) (The Commission commenced at 10.05 a.m.) (The Presiding Chair (Commissioner Ojienda) introduced himself and other members of the Panel) The Presiding Chair (Commissioner Ojienda): Good morning, everyone. I want to welcome you to the hearings in Kericho. We will be here today, tomorrow and Wednesday. We hope that at the end of our work in Kericho, we would have heard all the issues that will be presented to us. I want to start by laying a few rules to the public. I know there are a lot of you who are itching to speak and there are serious issues in this region some of which are historical that you would want to share with the Commission. We appreciate and we will give you all the time to tell us all the issues that are burning inside you. I just want to request all those who are standing to settle down first. We want to start in an orderly manner. Kericho Teachers’ Training College Hall 1 Monday, 19 th September, 2011 Thank you very much. We can now proceed. I want to start by explaining to you the order in which we can proceed. We will call witnesses and each witness will be led in his or her evidence by the Leader of Evidence and after that the Commissioners will ask the witness questions just to clarify certain issues that the witness will have raised in the course of the hearing. At the end of that process, the next witness will be called. I just want to request every person to respect every witness. If you do not agree with whatever the witness says, please remain silent. Do not interfere with the witness. Let us show respect to every person. For those taking photographs, please, do not take photographs of the witnesses unless you are taking still photographs in the course of the hearing. You may take photographs of witnesses before or after the hearings; this is to ensure that we do not interrupt the proceedings. Let us respect this process as every person will have an opportunity to speak. I just want to state that this is an on-going process. If you are in this session and you want to record a statement, you will be assisted by the Commission staff outside there because there are a few selected cases that will be heard in the course of today, tomorrow and Wednesday. A lot of those cases are representative and you may be sitting at the back there and your issue may be raised by another person. I am saying this because I know as we came in the morning, a number of people were having placards and they raised very fundamental issues. I am sure those issues will be addressed this morning. So, be patient, listen and you will hear that what is itching you will be raised in the course of the testimonies here. Before I introduce the panel, I want to ask Commissioner Chawatama to make a few remarks then I will introduce the panel and then we will start our proceedings. Commissioner Chawatama: Thank you very much, Presiding Chair. I am so excited to be in this beautiful place called Kericho. As we entered, I asked the Lord why was I born in Zambia and not in Kericho. In the course of the day, if any of you likes me enough, I am ready for adoption. I would just want to go to Zambia, sell my shambas and come back to live with you in this beautiful place. I would like just to share one or two things with you as we get to know each other. I am excited to be part of a group of men and women who are dedicated to this process - men and women from different backgrounds; with different experiences, who have great contributions to make to this process. What I am requesting you is that, please, have the confidence, even as you testify; you are testifying to a group of people who are not only competent - even though some us are not Kenyans - but we have grown to love this country and we have grown to love the people of Kenya. As we have travelled in your beautiful country, we have heard from a lot of people. We have received thousands of statements and the values of the people that we have heard, we have heard about the love for the family, the respect for the elders, we have heard of their desire for peace, for unity and equitable sharing of wealth. We have heard that the people of Kenya are seeking good governance, justice, integrity and the truth. Though our Kericho Teachers’ Training College Hall 2 Monday, 19 th September, 2011 beginning may have been slow, we should not be judged by it because with the help of Kenyans, our end will be great. We want as much as possible to meet the expectations of the people of Kenya. There have been many truth commissions that have been set up and some of them have been criticized but the people of those nations have found that in a lot of incidences the work of the truth commissions has had a positive impact on the lives of the people. I end here by informing you that I am up for adoption as a child of Kericho on a first- come first-served basis. We are going to enjoy the next three days together. We will have an opportunity even to talk to some of you, one on one. Please, tell us what is in your heart and what you desire for this great nation; how we can tackle issues of the past and how we can look forward to a bright future. Thank you very much, Presiding Chair, for the time and the opportunity you have accorded me. The Presiding Chair (Commissioner Ojienda): Thank you very much, Commissioner Chawatama. Does any of our Commissioners have something to say before I give this chance to the First Witness? Those who are here have probably not read the Truth, Justice and Reconciliation Commission Act. The TJRC exists to give an opportunity to speak out on those gross human rights and other economic violations that have occurred to any person from Independence, that is, from 12 th December, 1963 to the 28 th of February, 2008. It covers a span of 44 years. Therefore, you can speak to us about any violations that occurred to you during that time, including land injustices, individual and group violations. I think what you will see as the final outcome of this process will be a report of this Commission. In that report as set out under the Act, there will be specific recommendations and the TJRC Act provides that those recommendations would have to be implemented by the Government. There is a single opportunity for you to speak to this Commission to be part of this historical process that will deliver this country from itself. Remember, the main objective of this Commission is the eventual reconciliation of the people of this country. That is why we invite you to speak to us truthfully so that justice can be done for you. Thank you. Before the First Witness is called, I want to acknowledge a number of people, in fact, a number of my friends. (The Presiding Chair (Commissioner Ojienda) acknowledged the presence of other persons; the Talai, Ogiek and Ndorobo Elders in attendance) Kericho Teachers’ Training College Hall 3 Monday, 19 th September, 2011 Leader of Evidence, please, call the First Witness. Mr. Tom Chavangi: Thank you, Presiding Chair. The Presiding Chair (Commissioner Ojienda): Are there counsels present? Mr. Tom Chavangi: There are no counsels present. The Presiding Chair (Commissioner Ojienda): Thank you very much. Then let us proceed with the First Witness. Mr. Tom Chavangi: Commissioners, I have two witnesses. Reverend John Koskei will be our First Witness today to speak about the Post Election Violence (PEV) of 2008, meted out by the security agencies and other violations meted out since Independence in Kericho. To add on that, he will be supported by Mr.
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